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MATTER OF ESTATE OF NEALON

No. 60 SSM 36

22 N.Y.3d 1045 (2014)

4 N.E.3d 363

981 N.Y.S.2d 353

2014 NY Slip Op 139

In the Matter of the Estate of MURIEL M. NEALON, Deceased. CHRISTOPHER J. NEALON, as Executor of MURIEL M. NEALON, Deceased, Appellant. PETER J. NEALON, Respondent, and TRACEY McGANN, Now Known as TRACEY NEALON, Respondent.

Court of Appeals of New York.

Decided January 9, 2014.

Attorney(s) appearing for the Case

Nicholas E. Tishler , Niskayuna, for appellant.

Murphy, Burns, Barber & Murphy, LLP, Albany ( Peter G. Barber and Catherine A. Barber of counsel), for Tracey Nealon, respondent.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and judgment absolute dismissing the petition granted upon petitioner's stipulation. The Appellate Division correctly determined that the issue whether a confidential relationship existed should have been submitted...

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